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BOROUGH OF DEMAREST v. STATE

148 N.J. Super. 322 (1977)

372 A.2d 656

BOROUGH OF DEMAREST, PLAINTIFF, v. STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided February 25, 1977.

Attorney(s) appearing for the Case

Mr. John A. Schepisi, for plaintiff (Messrs. Breslin and Schepisi, attorneys).

Mr. William F. Hyland, Attorney General, for defendant (Mr. Peter J. Herzberg, Deputy Attorney General, appearing).

GELMAN, J.S.C.

Plaintiff seeks a declaratory judgment that the Department of Environmental Protection and the State House Commission (DEP) do not have jurisdiction over certain non-Green Acres lands owned by the Borough of Demarest.

Demarest has 189 acres of borough-owned parklands of which 27 acres were purchased with Green Acres funds pursuant to grant contracts entered into between Demarest and the DEP....

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